• Timoti v Hamill and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for applicant’s failure to use reasonable skill and…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($10,029) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (counterclaim – breach of contract)(counterclaim – penalty – good faith) ; Costs reserved
  • New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc. v Wellington City Transport Ltd (Go Wellington)

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out application as frivolous or vexatious
    Result:
    Application dismissed ; Costs reserved
  • Johnston v Smith t/a Rose Giardino Montessoris Nursery School

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent - Respondent’s company in process of being struck off Companies Registrar - UNJUSTIFIED DISMISSAL - Dismissal -…
    Result:
    Application dismissed (unjustified dismissal) ; No order for costs
  • Horst v Swift Property Maintenance Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent
    Result:
    Applications granted ; Arrears of wages ($2,307.69) ; Reimbursement of lost wages ($2,657.92) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Brennan v Afos Ltd t/a Kiwi Pallets and Ors

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought order excluding evidence of witness for respondent – Whether witness impartial – Whether witness’ evidence largely hearsay – Whether witness to give evidence on ultimate issue
    Result:
    Application dismissed ; Costs reserved
  • Holt v Rural Women New Zealand Incorporated

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of particular terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Spencer v SDK Ltd t/a Northliner Express

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Workshop manager
    Result:
    Application dismissed ; Costs reserved
  • Service and Food Workers Union Nga Ringa Tota Inc v Skycity Auckland Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed which employees were covered by pay increase in Schedule A of collective employment agreement (“CEA”) - Applicant argued pay increase applied to employees who temporarily performed…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • Khan v Minstriy of Business, Innovation and Employment

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Child adopted overseas – Applicant on work visa - Applicant applied…
    Result:
    Application granted ; Costs reserved
  • Feeney (Labout Inspector) v Khoobsurat Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - PENALTY – Applicant sought penalty for respondent’s failure to provide accurate wage and time,…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($18,515.71) ; Penalty ($30,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs